• Ball Ball Matthews Novak

Swann Receives Summary Judgment in Auto Accident Case

Updated: Jul 24, 2020

An automobile accident in Selma involving the plaintiff and a GEICO insured on July 9, 2010. GEICO was placed on notice of the accident and began investigating the claims of the three claimants. After several months of investigation and negotiation without resolution, the claimants instituted an action against GEICO’s insured in the Circuit Court of Dallas County. Neither GEICO’s insured nor did the plaintiffs notified GEICO of the suit. The GEICO insured failed to respond to the Complaint following service, and on January 3, 2013, an application for default was made with the Court. The Court entered default on February 5, 2013 for damages totaling $54,500.

The plaintiffs, sued GEICO for collection of the judgment. Following the completion of discovery, GEICO filed its Motion for Summary Judgment based on lack of notice of the litigation nor the default judgment. In October 2014, the Circuit Court of Dallas County entered an Order granting GEICO’s summary judgment and dismissing the case with prejudice.

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